The Local Inquiries and Qualifying Procedures (Standard Daily Amount) (Wales) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations apply where the Welsh Ministers are authorised to recover costs borne by them in connection with—

(a) inquiries in relation to which the Welsh Ministers are entitled to recover their costs under or by virtue of section 250(4) of the Local Government Act 1972 (including compulsory purchase order inquiries to which that section is applied by section 5 of the Acquisition of Land Act 1981) or section 69(5) of the Land Drainage Act 1991 (“local inquiries”); and

(b) qualifying procedures as defined by section 303A(1A) of the Town and Country Planning Act 1990 (independent examinations held in relation to local development plans and inquiries in relation to consideration of objections to simplified planning zone schemes) (“qualifying procedures”).

These Regulations prescribe the standard daily amount which may be recovered by the Welsh Ministers for each day, or part of a day, on which—

(a) a local inquiry sits or the person appointed to hold the local inquiry is otherwise engaged in work connected with it; or

(b) the person appointed to hold a qualifying procedure is engaged in the holding of, or otherwise engaged on work connected with, the qualifying procedure.

The standard daily amount is £508 for local inquiries and qualifying procedures opening on or after the date on which these Regulations come into force and before 1 April 2018. The amount is £513 for local inquiries and qualifying procedures opening on or after 1 April 2018 and before 1 April 2019 and £518 for local inquiries and qualifying procedures opening on or after 1 April 2019. These replace the amounts of £742 in relation local inquiries and of £679 in relation to qualifying procedures which were prescribed in the Local Inquiries, Qualifying Inquiries and Qualifying Proceedings (Standard Daily Amount) (Wales) Regulations 2011 (“the 2011 Regulations”). Further details regarding how these standard daily amounts have been calculated and how costs are to be recovered by the Welsh Ministers are provided in the Explanatory Memorandum.

These Regulations revoke the instruments set out in the Schedule including the 2011 Regulations.

There are transitional and saving provisions.

The Explanatory Memorandum and Regulatory Impact Assessment applicable to these Regulations are obtainable from the Welsh Government at: Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government website at www.gov.wales.